Oral Evidence Under BSA

Oral Evidence

Oral evidence simply means anything spoken in court. It can be accepted as proof even without supporting documents—as long as the court finds it credible.
 Under the BSA, oral evidence can also be given electronically, so witnesses, victims, or even the accused can testify through video or other electronic means.

Direct Oral Evidence (Section 55 – Oral Evidence to be Direct)

Direct oral evidence is first-hand evidence, meaning the witness personally experienced what they are testifying about. It must come from the witness’s own senses. This means:

-        A witness who saw something happen

-        A witness who heard something

-        A witness who perceived it through any other sense

-        A person who gives an opinion based on what they directly perceived

In Other words :
 If a person directly experienced it, their oral statement is direct evidence.

Legal Basis (Section 54 – Proof of Facts by Oral Evidence)

Section 54 says that any fact can be proved by oral evidence.
 Anything said in court—by speaking or communicated in another form—is treated as oral evidence.

If a witness cannot speak, whatever they communicate through writing or gestures in court is also considered oral evidence (Section 125).

Difference Between “Verbal” and “Oral”

This difference was explained in Queen Empress vs. Abdullah (1885 ILR 7 All 385.
 In that case, the victim whose throat was cut could not speak, and she indicated the name of the accused using hand signs.

The Allahabad High Court explained:

-        Verbal means “by words”—and words include written or gestured communication, not just spoken speech And

-        Oral strictly means spoken.

So verbal communication is a broader concept than oral communication.

Value of Oral Evidence

Oral testimony needs corroboration from other evidence, and it is always open to rebuttal by the opposite party. One of the strongest ways to test the truthfulness of oral evidence is cross-examination.

Prabhu Dayal Vs. State of Rajasthan, (2018) 8 SCC 127, the Supreme Court addressed defense arguments regarding contradictions and discrepancies in evidence by distinguishing between minor variations and material contradictions. The Court determined that only material contradictions would affect the core of the case

Bexy Michael & Anrs v. A.J. Michael: Affirmed that strong oral evidence can lead to conviction, showing its significant weight when it's the best evidence presented.

Oral Evidence in Civil Cases

In civil matters, the value of oral evidence is assessed slightly differently. The Supreme Court in Chaturbhuj Pandey v. Collector, Raigarh (AIR 1969 SC 255) held that while appreciating evidence, judges must rely on their experience of life and human conduct. Evidence must be tested on the touchstone of probability.

Importantly, even if only one party leads evidence and the opposite party does not produce any rebuttal evidence, the court is not bound to accept such evidence automatically. The court must still be satisfied that the evidence appears natural, probable, and trustworthy.

Appreciation of Oral Evidence in Criminal Cases

In Salveraj v. State of Tamil Nadu (AIR 1976 SC 1970), the conviction of the accused was based solely on the oral testimony of two eye-witnesses. Both the trial court and the High Court accepted their evidence. Although the Supreme Court normally hesitates to interfere with concurrent findings of fact, it found inherent improbabilities in the witnesses’ version of events. Since their testimony was uncorroborated and unreliable, the Supreme Court held that it would not be safe to base a conviction on such evidence alone.

Evidence of Eye-Witnesses and Injured Witnesses

In B.K. Channappa v. State of Karnataka (AIR 2007 SC 432), the Supreme Court clarified that the testimony of an eye-witness or an injured witness cannot be rejected merely on the ground that such a witness is interested. Where there is a long delay—such as five years—in examining an eye-witness, some discrepancies are natural due to lapse of time. Such minor inconsistencies cannot, by themselves, destroy the core of the prosecution case.

Similarly, when the testimony of an injured witness is supported by medical evidence, it carries great evidentiary value. For instance, in Bhagirath v. State of M.P. (AIR 2020 SC (Cri.) 287), the injured witness stated that he suffered injuries while trying to rescue the deceased. Since this version was corroborated by medical evidence, the Court held that his testimony could not be disbelieved.

The Supreme Court has also emphasized that the evidence of injured or partisan witnesses cannot be rejected outright merely because of their relationship with the victim or their interest in the case. At most, such testimony should be subjected to careful and close scrutiny, as held in N.S. Yanadaiah v. State of A.P. (AIR 1993 SC 1175).

Recording of Oral Evidence through Technology

With advancements in technology, the traditional method of recording evidence has evolved. The Supreme Court has approved the recording and examination of witnesses through video conferencing.

In State of Maharashtra v. Dr. Praful B. Desai (AIR 2003 SC 2053), the Court held that recording evidence via video conferencing is valid in civil cases. This approach was later extended to criminal cases as well, and approved in Bodala Murali Krishna v. Smt. S. Bodala Prathima (AIR 2007 SC 43).

Thus, modern technology has been accepted as a reliable and lawful means of recording oral evidence, provided the procedure ensures fairness and accuracy.

Hearsay (Indirect Evidence)

Hearsay is second-hand information—when a person talks about something they did not personally witness.
 Generally, hearsay is not admissible because the witness has no direct knowledge.

However, there are specific exceptions under Sections 26 and 27, where statements of a person who is dead, missing, or cannot be called as a witness may be admitted.

Exceptions to Hearsay Evidence

Hearsay can be accepted in certain situations, such as:

1.    Admissions

2.    Res Gestae (things said spontaneously during the event)

3.    Dying Declarations

4.    Confessions

Evidence from earlier judicial proceedings

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